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Mental Health

04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
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TW v Enfield Borough Council [2014] EWCA Civ 362, [2014] All ER (D) 292 (Mar)

As a matter of construction of s 11(4) of the Mental Health Act 1983, when an approved social worker was considering whether it was “reasonably practicable” to consult the nearest relative before making an application to admit a mental patient pursuant to the 1983 Act, the section imposed on the social worker an obligation to strike a balance between the patient’s rights under Art 5 of the European Convention on Human Rights not to be detained unless that was done by a procedure that was in accordance with the law and the patient’s rights under Art 8 to his private life. A patient’s assertion, even if founded on fact and even if reasonable, that consultation would lead to an infringement of her rights under art 8 of the Convention could not, as a matter of law, lead automatically to the conclusion that it was “not reasonably practicable” to consult the “nearest relative”. Nor was an approved social worker’s conclusion that such consultation

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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